A Code of Fair Competition for the Cotton Textile Industry was approved by me July 9, 1933. At that time the provision limiting machine hours was stayed for a period of 3 weeks as applied to the production of tire yarns or fabrics for rubber tires. After further hearings the Administrator on July 30, 1933, in accordance with the Executive order issued by me July 15, 1933, further stayed the application of said provision of the code pending determination by me of the issues raised by the application for exemption from such provision of the code. Pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, the application for exemption from the machine hour provision of said code as applied to the use of machinery in the production of tire yarns or fabrics for rubber tires is hereby denied and beginning November 13, 1933, the above-mentioned stay of said provision shall be terminated, and no further exemption from or exceptions to the provision of said code shall be made except by me upon recommendation of the Cotton Textile Industry Committee and the Administrator, or the Administrator, or as approved by me. FRANKLIN D. ROOSEVELT Approval recommended: Hugh S. Johnson. Administrator for Industrial Recovery. The White House, November 6, 1933.
Executive Order 6407 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 6407—Terminating Stay of the Provisions of the Cotton Textile Industry Code
Executive Brief • At a Glance
⏱️ 1 min read (221 words) •
● In Effect
🎯 Primary Mandate
A Code of Fair Competition for the Cotton Textile Industry was approved by me July 9, 1933.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on November 6, 1933, this order concerns Terminating Stay of the Provisions of the Cotton Textile Industry Code. A Code of Fair Competition for the Cotton Textile Industry was approved by me July 9, 1933. At that time the provision limiting machine hours was stayed for a period of 3 weeks as applied to the production of tire yarns or fabrics for rubber tires.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
A Code of Fair Competition for the Cotton Textile Industry was approved by me July 9, 1933.
▪
Pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, the application for exemption from the machine hour provision of said code as applied to the use of machinery in the production of tire yarns or fabrics for rubber tires is hereby denied and beginning November 13, 1933, the above-mentioned stay of said provision shall be terminated, and no further exemption from or exceptions to the provision of said code shall be made except by me upon recommendation of the Cotton Textile Industry Committee and the Administrator, or the Administrator, or as approved by me.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Defends Vigor & Dispatch
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
26 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
221
1,328 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.9
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 6406 Nov 6, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6406—Code of Fair Competition for the Asphalt Shingle and Roofing Manufacturing Industry
📜 Art. II §1: Executive Discretion & Internal Operations
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do approve the report and recommendations and adopt the findings of the Administrator and…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6409 Nov 7, 1933
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6409—Transfer of Lands from and to the Ashley and Wasatch National Forests, Utah and Wyoming
📜 10th Amend: Intergovernmental Federalism Cooperation
There be, and there is hereby, transferred from the Wasatch National Forest as defined by proclamation of June 30, 1929 (46 Stat. 3003), to the Ashley National Forest as defined by proclamation of October 7, 1910 (36 Stat. 2750), and modified by proclamations of November 26…
Franklin D. Roosevelt High School • 2m
EO 6408 Nov 7, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6408—Corrected Description of the Boundaries of Fort Ruger Military Reservation, Hawaii
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The description of the Fort Ruger Military Reservation be,, and the same is. hereby, amended to read as follows: Tract No. 1 Beginning at a concrete monument stamped "26-Q" on top, situated on the boundary of the B. P. Bishop Estate land and the Diamond Head Road 60-foot…
Franklin D. Roosevelt Grade 8 • 11m
EO 6418 Nov 8, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6418—Code of Fair Competition for the Automotive Parts and Equipment Manufacturing Industry
📜 Art. II §1: Executive Discretion & Internal Operations
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise do adopt and approve the report, recommendations, and findings of the Administrator and do…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6417 Nov 8, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6417—Supplement to Code of Fair Competition for the Automobile Manufacturing Industry Covering Fair Trade Practices for the Funeral Vehicle and Ambulance Subdivision
📜 Art. II §1: Executive Discretion & Internal Operations
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6416 Nov 8, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6416—Code of Fair Competition for the Machine Tool and Forging Machinery Industry
📜 Art. II §1: Executive Discretion & Internal Operations
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report and recommendations, and findings of the Administrator…
Franklin D. Roosevelt Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6407 (Nov. 6, 1933), https://executiveordersarchive.org/orders/app-executive-order-6407-terminating-stay-the-provisions-the-cotton-textile-industry-code.
